IB Union Calendar No. 799 118THCONGRESS 2 DSESSION H. R. 8915 [Report No. 118–950] To amend the Internal Revenue Code of 1986 to expand the expenses treated as qualified higher education expenses for purposes of 529 accounts to include additional elementary and secondary school expenses and cer- tain postsecondary credentialing expenses. IN THE HOUSE OF REPRESENTATIVES JULY2, 2024 Mr. H ERN(for himself, Mr. WITTMAN, Mr. COLLINS, and Mr. FINSTAD) in- troduced the following bill; which was referred to the Committee on Ways and Means D ECEMBER24, 2024 Additional sponsors: Mrs. H OUCHIN, Mr. WILSONof South Carolina, and Mr. H ILL D ECEMBER24, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on July 2, 2024] VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 8915 RH A BILL To amend the Internal Revenue Code of 1986 to expand the expenses treated as qualified higher education ex- penses for purposes of 529 accounts to include additional elementary and secondary school expenses and certain postsecondary credentialing expenses. VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 8915 RH Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Education and Work-4 force Freedom Act’’. 5 SEC. 2. ADDITIONAL ELEMENTARY, SECONDARY, AND HOME 6 SCHOOL EXPENSES TREATED AS QUALIFIED 7 HIGHER EDUCATION EXPENSES FOR PUR-8 POSES OF 529 ACCOUNTS. 9 (a) I NGENERAL.—Section 529(c)(7) of the Internal 10 Revenue Code of 1986 is amended to read as follows: 11 ‘‘(7) T REATMENT OF ELEMENTARY AND SEC -12 ONDARY TUITION.—Any reference in this section to 13 the term ‘qualified higher education expense’ shall in-14 clude a reference to the following expenses in connec-15 tion with enrollment or attendance at, or for students 16 enrolled at or attending, an elementary or secondary 17 public, private, or religious school: 18 ‘‘(A) Tuition. 19 ‘‘(B) Curriculum and curricular materials. 20 ‘‘(C) Books or other instructional materials. 21 ‘‘(D) Online educational materials. 22 ‘‘(E) Tuition for tutoring or educational 23 classes outside of the home, including at a tutor-24 VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 8915 RH ing facility, but only if the tutor or instructor is 1 not related to the student and— 2 ‘‘(i) is licensed as a teacher in any 3 State, 4 ‘‘(ii) has taught at an eligible edu-5 cational institution, or 6 ‘‘(iii) is a subject matter expert in the 7 relevant subject. 8 ‘‘(F) Fees for a nationally standardized 9 norm-referenced achievement test, an advanced 10 placement examination, or any examinations re-11 lated to college or university admission. 12 ‘‘(G) Fees for dual enrollment in an institu-13 tion of higher education. 14 ‘‘(H) Educational therapies for students 15 with disabilities provided by a licensed or ac-16 credited practitioner or provider, including occu-17 pational, behavioral, physical, and speech-lan-18 guage therapies. 19 Such term shall include expenses for the purposes de-20 scribed in subparagraphs (A) through (H) in connec-21 tion with a homeschool (whether treated as a 22 homeschool or a private school for purposes of appli-23 cable State law).’’. 24 VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 8915 RH (b) EFFECTIVEDATE.—The amendment made by this 1 section shall apply to distributions made after the date of 2 the enactment of this Act. 3 SEC. 3. CERTAIN POSTSECONDARY CREDENTIALING EX-4 PENSES TREATED AS QUALIFIED HIGHER 5 EDUCATION EXPENSES FOR PURPOSES OF 529 6 ACCOUNTS. 7 (a) I NGENERAL.—Section 529(e)(3) of the Internal 8 Revenue Code of 1986 is amended by adding at the end 9 the following new subparagraph: 10 ‘‘(C) C ERTAIN POSTSECONDARY 11 CREDENTIALING EXPENSES .—The term ‘qualified 12 higher education expenses’ includes qualified 13 postsecondary credentialing expenses (as defined 14 in subsection (f)).’’. 15 (b) Q UALIFIEDPOSTSECONDARYCREDENTIALINGEX-16 PENSES.—Section 529 is amended by redesignating sub-17 section (f) as subsection (g) and by inserting after sub-18 section (e) the following new subsection: 19 ‘‘(f) Q UALIFIEDPOSTSECONDARYCREDENTIALINGEX-20 PENSES.—For purposes of this section— 21 ‘‘(1) I N GENERAL.—The term ‘qualified postsec-22 ondary credentialing expenses’ means— 23 ‘‘(A) tuition, fees, books, supplies, and 24 equipment required for the enrollment or attend-25 VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 8915 RH ance of a designated beneficiary in a recognized 1 postsecondary credential program, or any other 2 expense incurred in connection with enrollment 3 in or attendance at a recognized postsecondary 4 credential program if such expense would, if in-5 curred in connection with enrollment or attend-6 ance at an eligible educational institution, be 7 covered under subsection (e)(3)(A), 8 ‘‘(B) fees for testing if such testing is re-9 quired to obtain or maintain a recognized post-10 secondary credential, and 11 ‘‘(C) fees for continuing education if such 12 education is required to maintain a recognized 13 postsecondary credential. 14 ‘‘(2) R ECOGNIZED POSTSECONDARY CREDENTIAL 15 PROGRAM.—For purposes of this subparagraph, the 16 term ‘recognized postsecondary credential program’ 17 means any program to obtain a recognized postsec-18 ondary credential if— 19 ‘‘(A) such program is included on a State 20 list prepared under section 122(d) of the Work-21 force Innovation and Opportunity Act (29 22 U.S.C. 3152(d)), 23 VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 8915 RH ‘‘(B) such program is listed in the WEAMS 1 Public directory (or successor directory) main-2 tained by the Department of Veterans Affairs, 3 ‘‘(C) an examination (developed or admin-4 istered by an organization widely recognized as 5 providing reputable credentials in the occupa-6 tion) is required to obtain or maintain such cre-7 dential and such organization recognizes such 8 program as providing training or education 9 which prepares individuals to take such exam-10 ination, or 11 ‘‘(D) such program is identified by the Sec-12 retary, after consultation with the Secretary of 13 Labor, as being a reputable program for obtain-14 ing a recognized postsecondary credential for 15 purposes of this subparagraph. 16 ‘‘(3) R ECOGNIZED POSTSECONDARY CREDEN -17 TIAL.—The term ‘recognized postsecondary credential’ 18 means— 19 ‘‘(A) any postsecondary employment creden-20 tial that is industry recognized, including— 21 ‘‘(i) any postsecondary employment 22 credential issued by a program that is ac-23 credited by the Institute for Credentialing 24 Excellence, the National Commission on 25 VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 8915 RH Certifying Agencies, or the American Na-1 tional Standards Institute, 2 ‘‘(ii) any postsecondary employment 3 credential that is included in the 4 Credentialing Opportunities On-Line 5 (COOL) directory of credentialing programs 6 (or successor directory) maintained by the 7 Department of Defense or by any branch of 8 the Armed Services, and 9 ‘‘(iii) any postsecondary employment 10 credential identified for purposes of this 11 clause by the Secretary, after consultation 12 with the Secretary of Labor, as being indus-13 try recognized, 14 ‘‘(B) any certificate of completion of an ap-15 prenticeship that is registered and certified with 16 the Secretary of Labor under the National Ap-17 prenticeship Act (29 U.S.C. 50), 18 ‘‘(C) any occupational or professional li-19 cense issued or recognized by a State or the Fed-20 eral Government (and any certification that sat-21 isfies a condition for obtaining such a license), 22 and 23 ‘‘(D) any recognized postsecondary creden-24 tial as defined in section 3(52) of the Workforce 25 VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •HR 8915 RH Innovation and Opportunity Act (29 U.S.C. 1 3102).’’. 2 (c) E FFECTIVEDATE.—The amendments made by this 3 section shall apply to distributions made after the date of 4 the enactment of this Act. 5 VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB Union Calendar No. 799 118 TH CONGRESS 2 D S ESSION H. R. 8915 [Report No. 118–950] A BILL To amend the Internal Revenue Code of 1986 to expand the expenses treated as qualified higher education expenses for purposes of 529 accounts to include additional elementary and secondary school expenses and certain postsecondary credentialing expenses. D ECEMBER 24, 2024 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 00:38 Dec 27, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H8915.RH H8915 kjohnson on DSK7ZCZBW3PROD with $$_JOB